The Appeals Process: From Trial Court to the Supreme Court

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The Appeals Process: From Trial Court to the Supreme Court

How does a case reach the Supreme Court? Well, it can be complicated. But most cases progress routinely down a well-blazed trail (or system of trails). Without a map, you can get lost — so let this blog serve that purpose as I guide you along the path to the Supreme Court.

You Have to Start Somewhere

Your case will generally begin in one of two places: a state trial court or a federal district court. A one-size-fits-all discussion of the state courts is tricky because each state has a different system. Generally, your case will begin in a local trial court. If you lose, you will appeal your case to your state’s intermediate court of appeal. If you lose again, you must apply to your state’s court of last resort – usually referred to as the state supreme court. In most states, the court of last resort gets to pick only the cases they wish to decide. If your state court of last resort rules against you, or refuses to hear your case altogether, then you must petition the U.S. Supreme Court to hear your case.

In the federal system, the trial courts are called United States District Courts. There are currently ninety-four district courts. There is at least one district court in each state and one each in the territories. Some states have more than one district court, such as California, New York and Texas. Once the District Court rules against you, the next stop on the way to the Supreme Court is one of the thirteen federal courts of appeals. Two are located in Washington D.C.: the D.C. Circuit and the Federal Circuit. The other eleven circuits are spread out geographically and are identified by number. Generally, an appeal to your designated circuit court is decided by a three-judge panel. But the circuit court can also hear cases “en banc”, by either a nine-judge panel or the entire court. If you lose in the circuit court, you have the choice to either ask the circuit court for a rehearing or to bring your appeal to the U.S. Supreme Court. You have ninety days to appeal, counting from either the date of the denial of rehearing, or the date of the circuit court’s opinion.

Petition Stage in the United States Supreme Court

When you appeal your case to the U.S. Supreme Court, you begin the process by filing a petition for writ of certiorari, often referred to as a cert petition. In your cert petition you will set out the issues, the facts, the history of the case, and the reasons why the Supreme Court should review the decision of the court below. Your argument should demonstrate to the Court that there is either a conflict between circuits; the lower court’s decision conflicts with Supreme Court precedent; or the case poses a question of federal law that is so important that the Supreme Court should pass upon it, even absent a conflict.

After your cert petition has been filed, your opponent has three options. It can agree with you that the Court should hear the case. It can waive its right to respond, or it can respond by filing a brief in opposition within thirty days after your petition is filed. If your opponent files a brief in opposition, you can file an optional reply brief rebutting the points your opponent raised. Unlike the cert petition and the brief in opposition, which need to be filed with the Court on strict deadlines, the exact timing of the reply brief varies. A general rule of thumb, though, is that you want to file your reply brief no later than fourteen days after the brief in opposition is filed.

Once all of the cert stage briefs are filed, they are distributed to the Justices’ chambers to be reviewed by one of the Justice’s law clerks.

Merits Stage in the United States Supreme Court

If you are one of the lucky ones whose cert petition is granted, your case will progress on to what is known as the merits stage, where a whole new round of briefing takes place. Just as in the petition stage, you will file your brief; your respondent has the opportunity to respond; and you have the option to reply. The focus in brief writing at the merits stage shifts from why your case should be granted to why you should win.

At oral argument, you get to stand before the nine justices and tell them why you should win. Each side gets a half-hour to spend arguing their case. The petitioner usually reserves five minutes for rebuttal after the respondent’s argument. The justices can interrupt with questions whenever and as often as they like. If you are representing yourself pro se, don’t worry. The Court only lets attorneys who are members of the Supreme Court bar participate in oral argument.

Later that week, the Justices hold a private conference during which they vote on how to decide the case. The senior justice in the majority decides who will write the majority opinion.

There are many variations and exceptions to the basic Supreme Court appeals process outlined above. But at Cockle Legal Briefs, we are experts when it comes to the Supreme Court’s Rules and practices. Appealing a case to the Supreme Court is complex and can be a stressful task. Our job is to try and alleviate some of your stress by ensuring that you present a rule compliant brief. Give us a call to discuss filing your next brief.

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Andy is a third generation legal brief printer. Cockle Law Brief Printing was founded in 1923 by Andy’s grandparents, who were both attorneys. At that time, the Cockles worked primarily with briefs that were filed in the Nebraska Supreme Court. In the 1980s, Andy and Trish—Andy’s sister and partner—guided the company to specialize in U.S. Supreme Court briefs. Andy is a lifelong resident of Omaha, and he obtained a Business degree from the University of Nebraska at Omaha. He started working at Cockle Law Brief Printing in 1982. Andy schedules briefs, handles marketing, tracks the Supreme Court’s docket, and fields the myriad questions that attorneys ask him in regard to filing a U.S. Supreme Court brief. He enjoys handball, rollerblading, reading and with his wife, Mary Helen, traveling to visit his two grown children.

I really have had my Constitutional Rights violated in the State of Idaho with being charged on false felony charges at different times, and 2 or misdemeanor charges all because of a malicious prosecutor who is getting away with his overreaching and unlawful tactics, I have a very solid case and just got my decision back from that state’s post conviction decision from the state Court of Appeals today and I’m going to further pursue this matter fully as I have every right to do so., I’ve had enough of their injustice in that corrupt state who thrives on felony charges for no legitimate and statutory reasons. I’d really like to speak with your firm on these issues.
Respectfully,
Ken

After arduous 11 years of many hearings a trials i finally got to the State Supreme Court . The traial judge in superior court after 5 days of the jury trial ended decided nit to give it to the jury. All i wanted was my 4th amendment right to a jury trial. I appealed to the state supreme court. After a year of memorandum i got a show cause hearing. I was not represented by a lawyer. I am bankrupt and no lawyer would take my case. I was on 7 medications. At that hearing i realized that all but one had a conflict of interest. They should have all recused themselves ( one did). They should have in the interest of justice given me a new jury trial. I was constructively discharged from my civics teaching job because i testified about the level of bullying in our school which led to the death of 4 students with Asperger Syndrome that were bullied into suicde. I was terrified that my son would meet with the same fate. Help me. I need to appeal to the THE SUPREME COURT in DC. My case is similar to the Supreme court decision in Endrew v. School District March 2017.

I have a son that got in trouble, and they offered him 62 years plea bargain so I paid $6,000 to a lawyer in indinapolis,ind.an the lawyer told me that he could probably get the sentence down to 30 yrs. 20 if we’re lucky.so I paid him. By the time it was all over my son got 66 years.my son robbed the same bank 3 times in a matter of a month an a half and 11 home invasions he never had any weapons in any of the incidences an never hurt anyone.and the lawyer never even filed an appeal for my son, and my son was very sick with a heroin problem at that time he did these things to support his habit.another lawyer was assigned to his case an told me he should never should have got that much time and also told me that the lawyer I had did not do his job because he should have filed an appeal an that it would have been free to do so.my son has two small children and was a very good father.the case that went in the same courtroom after my sons was a man that killed another man with a baseball bat he beat this man to death 40 times wwith a bat and he only got 58 yrs. Where is the justis in comparing these two cases?
Now my son has alreadyserved 3 yrs an looking at life in prison.he is looking into the law library there. But my question is there a book that I could buy and have sent to him in prison about appeals. Please guide me so I can help my son

These comments similar to mine. My civil rights we’re violate by Agent John O’CONNELL. I was convicted on 11/2000. I asked for the release of my trial attorney cause I got upset for not encourage me to take the stand so I can explain what the prosecutor brought against me. She said if I testified I would have ended up heavy penalty. I asked why? She did not tell me so I took her advice because she is the expert. I received a private appeal attorney. She appeal my case to the nine circort court it was denied. She then wrote to me if I want to take up to the next level she also said it takes a long time. I show the letter to one of the immate who knew the law well. He said for me to let my attorney know to take it up to the supreme Court. He said even if denied that’s good that tells the government I have not given up my rights. The go home and relax I had one year to file your 2255 motion back to the trial court. I was ready to go home on 5/10/02 but I was rearrested again on a case I already serve time it was runconcurent with the bank fraud case. This is the second case this case the Dept. Of Justice plane to have me killed after FBI confess he made a mistake during his testimony. They brought me to Orange County Jail and house me with the general population and not under protective custody. They turned around and sent a dangerous letter to Orange county jail hope immates would find out about my charge then have me murder. But an angel save me. I did all my time both federal and state and also my parole and probation on 4/2010. I then focus on filling a law suit against federal government agent John O’CONNELL. I did as pro series. The court accept my law suit and set date for trial. I did not have an attorney. So then the judge dismissed my case. It was file on 11/2013 and dimiss on I believe January or February 2014. After it denied I wrote to my congresswoman Amata. She send me privacy release act forms for me to signed and initialed and then send back to her so she can get information on my case. I received a text emailed from Jared on n Washington DC for me to find an attorney.
Since I received his letter. I went and try to find out which attorney will take my case. I found two one his fee is $100.000.00 I spoke with Ryan. I also found attorney Andreas Fick who is familiar with my case but hesaidhe was too expensive. To day I called and spoke with one of the attorney. He explained to me after my case was dismissed on 2/2014 I had 30 days to file a federal rule. I asked him ofy case can appeal he said because it’s almost 4 years.
My question is I was convited on 11/2000. And I file my law suit on 11/2013. It took 13 years since I was convited to file my law suit and yet federal district court accept my law suit.
My question is can I appeal my law suit since that’s the next step

My comment is more of a question.What happens to the cases the WV Supreme Court ruled on .In my daughters case they supposedly heard 24 claims in on day and all were denied.
There is talk of possible impeachment of all 4 reamaing .One has resigned.
Any thoughts on this would be appreciated.

I don’t know this works but my son is serving 25-38 years for CSC in the first dagree this alleged incident supposably took place three yeras before it was reported. In which he did not commit the crime there was a live baby sitter in the house at the time the alleged crime took place.The a neighbor that lived acrossed the street and was friends with the mother accuser stated that my son was never ever left alone with this girl. So it was a he said she said case. We paid 60,000 dollars for attorney that never objected too any thing druing the trial in fact the mother of the accusre was allowed to chande her statments in the judges chambers, the judge called my son names during the trial. We keeped asking our attorney for a new judge because we felt that the judge was biase. We were told that judges could be removed from a trial. When they started selecting the jury a women ran out the courtroom saying he f***ing guilty hang his a**. The called for a new jury while the new jury was in the courtroom the first set of jurys sat in the hallway then the attorney on the girls side brought the girl in to th hallway sat her where the first jurys sat and said to the mother of the accusre (this little girl) and told them not to talk to any in the hallway because one of these pepole could be on the there case every one in the hallway heard this. So the jurys got to see this sweet girl that they might be judging her casse. And that is what happens. Some of the jurors that was selected in my that had their’s minds were already tainted by seeing this girl that sat in the hallway for over an hour the jury got to see hre intreact with her mother had some bearing on the jurys decision. My son has done the first appeal it was denied. now he is going to appeal to the supreme court. What do we do to help the supreme court hepl him get a nwe trial

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I wanted to thank Andy [for connecting us to the right resource to resolve our procedural question].… You could have simply done the printing and charged us for it, but instead you helped us get the procedure correct – even though that obviated the filing. Thank you!

Lisa A. Mathewson

The Law Offices of Lisa A. Mathewson, LLC

Lisa A. Mathewson

Many thanks to everyone who assisted in the filing of my Extraordinary Writ of Mandamus to the U.S. Supreme Court – a special thanks to Matt, who gave extra effort to assure that my brief was accurate! As a pro se litigant, there is stress going it alone. Preparing my brief for the Court was the one phase where I did not feel alone, thanks to you.

Nina Eva Hajda, pro se

The oral argument in Haeger v. Goodyear went well! I want to thank you and your staff for the wonderful support and your very kind indulgence. I hope we have the opportunity to work with you and your office in the future.

Please extend my appreciation to your staff.

Meeling Tan

Jennings, Strouss & Salmon, PLC

Meeling Tan

Thank you all so much for your help in preparing the Petition for Writ in the Zaunbrecher case on behalf of my clients – the Tunica-Biloxi Tribe, et al.

From the first call to the last, it was a great experience. Your staff is super professional, competent and downright friendly!

Amanda Clark

Forrester & Clark

Amanda Clark

When we have a question about Supreme Court practices, we know we can call Cockle and get the right answer. We know we can trust their experience in dealing with the Court, its rules and personnel. The team at Cockle has repeatedly come through for us, including under tight deadlines. Thank you Cockle!

Mike Persoon

I don’t know whether you and your team are aware that, indeed, the U.S. Supreme Court granted our petition and remanded the case for further consideration.

I forgot to timely express my appreciation. Belatedly, I want to reach out and thank your team members for helping us make this very important achievement. Yes, “Better Briefs Win.”

Curtis L. Kennedy

Honestly, I don’t know where to start, but I will begin by thanking Andy, who gave me a chance and accepted my job. Without knowing what to expect, I picked up the phone and took a leap of faith. I picked up the phone and hung it up three different times. The fourth time, my Guardian Angel whispered to me and said: ‘Joseph, you must call Cockle,’ and assured me that this would be one of the best calls I’d ever make. Then, I dialed the number. The angel on the receiving end – after an introduction and the reason for my call, transferred me to Andy. Andy, like my Guardian Angel, was reassuring. From that first call, what I thought would be a difficult process, was simplified. Every person I spoke with handled my call with a professional touch and in the end, the work was masterpiece. I’m glad I called Cockle for my petition for writ of certiorari to the United States Supreme Court and exceedingly thank all of you for being the best at what you do! I’m so happy that I called Cockle. Remain Blessed.

Chidi Joe AnoruoPro Se Petitioner

This is to express my appreciation for the expertise and professionalism of your team in processing our amicus brief. The initial proofreading team did a first rate job. I was very impressed by the attention to detail in the second round of edits done by Shelley and Mary Ann. Everyone was most helpful. You have a terrific organization. Many thanks.

James J. ClarkLaw Offices of James F. Clark

I would like to express my thanks to Cockle Legal Briefs and personally to Shari, Andy, and to all that took part in providing me their personal and professional help. This petition has been a decade-and-a-half in the making. I simply could not have managed the filing without Cockle.

Joseph RaimondoPro Se Petitioner

Thank you for all of your assistance. You make me look better than I ever thought I could. It was great to put all of these details in the hands of someone else and know that the petition would be timely filed and competently handled.

Kurt VragelAttorney at Law

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